Department of the Interior May 2007 – Federal Register Recent Federal Regulation Documents

In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management, Arizona Resource Advisory Council (RAC), will meet on June 8, 2007, in Phoenix, Arizona, at the Bureau of Land Management (BLM) National Training Center located at 9828 North 31st Avenue in Phoenix from 8 a.m. and conclude at 4:30 p.m. Morning agenda items include: Review of the March 8, 2007, Meeting Minutes for RAC and RRAC business; BLM State Director's Update on Statewide Issues; Presentations on Proposed Tri-State Shooting Range and Arizona Water Rights; RAC Questions on BLM Field Managers Rangeland Resource Team Proposals; and, Reports by RAC Working Groups. A public comment period will be provided at 11:30 a.m. on June 8, 2007, for any interested publics who wish to address the Council on BLM programs and business. Under the Federal Recreation Enhancement Act, the RAC has been designated the Recreation Resource Advisory Council (RRAC), and has the authority to review all BLM and Forest Service (FS) recreation fee proposals in Arizona. The afternoon meeting agenda on June 8, will include discussion and review of the Recreation Enhancement Act (REA) Working Group Report, updated 4th Quarter Schedule of Fiscal Year 2007 BLM and FS recreation fee proposals, and two FS fee proposals in Arizona: (1) Alto Pit OHV Use Area (Prescott National Forest): Ten minutes from downtown Prescott, and 2 hours from Phoenix and Flagstaff, this fee proposal would add a campground fee at a rate of $10 per night per campsite for single sites and $20 per night for a double site. Improvements include 10 single family sites and one double family site, three toilets, picnic tables, fire rings, loading and unloading area, 9 miles of internal designated trail system, additional external connection trails, 20 acres of designated cross county area, children's OHV play area, and year-round on site host. (2) Haigler Canyon Campground and Day Use Area (Tonto National Forest): Proposed $6 per vehicle fee for overnight camping and day-use at Haigler Canyon Recreation Site near Young, Arizona. Major improvements will increase facilities and services available to the public. Fee revenues will be used for the continued operation and maintenance. A quality, water-based recreational experience will be provided for day-users, campers, hikers, and anglers. The site will include developed campsites and day-use areas plus space for campground hosts. Fourteen campsites will be provided with a picnic table, fire ring with cooking surface, and a tent pad. Campsites will offer hardened sites for tent trailers and tents. Walk-in campsites will be part of developed campsites. Day-use facilities will provide parking for 10-15 vehicles, picnic tables, and barbecue grills. Following the FS and BLM proposals, the RRAC will open the meeting to public comments on the fee proposals. After completing their RRAC business, the BLM RAC will reconvene to provide recommendations to the RAC Designated Federal Official on the fee proposals and discuss future RAC meetings and locations.

We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) application and Habitat Conservation Plan (HCP). Michael Richardson (applicant) requests an incidental take permit (ITP) for a duration of 5 years pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicant anticipates taking approximately 2.2 acre (ac) of Florida scrub-jay (Alphelocoma coerulescens)occupied habitat incidental to constructing an industrial facility in Brevard County, Florida (project). The applicant's HCP describes the mitigation and minimization measures the applicant proposes to address the effects of the project to the scrub-jay.

We are approving an amendment to the Ohio regulatory program (the ``Ohio program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). This amendment is intended to remove certain Conflict of Interest provisions from the approved Ohio program that were previously approved by OSM but have not been promulgated by Ohio through their rulemaking process.

The Bureau of Reclamation is holding a meeting to inform the public about the Managing for Excellence project. This meeting is the second to be held in 2007 to inform the public about the action items, progress, and results of the Managing for Excellence project and to seek broad public input and feedback. Subsequent meetings in 2007 are anticipated but not yet scheduled.

The next Southeast Oregon Resource Advisory Council (SEORAC) meeting is set for 8 a.m., Thursday and Friday, May 10 and 11, at the Holiday Inn Ontario, 1249 Tapadara Avenue. Agenda items for the 2-day session include updates on transportation planning efforts for Oregon and Washington Bureau of Land Management (BLM) and U.S. Forest Service administered lands; information sharing regarding the Energy Policy Act and energy development projects on public lands in southeast Oregon; and a discussion on juniper management and review of a locally produced video regarding managing juniper in eastern Oregon. Council members will also hear updates from the Designated Federal Officials, give liaison and subgroup reports, develop agenda items for the August meeting, and spend Friday touring the Leslie Gulch area. Any other matters that may reasonably come before the SEORAC may also be addressed. The public is welcome to attend all portions of the meeting and may contribute during the public comment period at 1 p.m. Those who verbally address the SEORAC during the public comment period are asked to also provide a written statement of their comments or presentation. Unless otherwise approved by the SEORAC Chair, the public comment period will last no longer than 30 minutes, and each speaker may address the SEORAC for a maximum of 5 minutes. If you have information you would like distributed to SEORAC members, please send it to Tara Martinak at the Burns District Office, 28910 Hwy 20 West, Hines, Oregon 97738, prior to the start of the meeting. If you send information or general correspondence to anyone at the Burns District Office and would like a copy given to the SEORAC, please write ``COPY TO SEORAC'' on the envelope and enclosed document(s). The SEORAC consists of 15 members chartered and appointed by the Secretary of the Interior. Their diverse perspectives are represented in commodity, conservation, and general interests. They provide advice to BLM and Forest Service resource managers regarding management plans and proposed resource actions on public land in southeast Oregon.

The Adaptive Management Program (AMP) was implemented as a result of the Record of Decision on the Operation of Glen Canyon Dam Final Environmental Impact Statement to comply with consultation requirements of the Grand Canyon Protection Act (Pub. L. 102-575) of 1992. The AMP includes a federal advisory committee (AMWG), a technical work group (TWG), a monitoring and research center, and independent review panels. The AMWG makes recommendations to the Secretary of the Interior concerning Glen Canyon Dam operations and other management actions to protect resources downstream of Glen Canyon Dam consistent with the Grand Canyon Protection Act. The TWG is a subcommittee of the AMWG and provides technical advice and recommendations to the AMWG. Dates and Addresses: The AMWG will conduct the following conference call: Date: Tuesday, May 22, 2007. The call will begin at 12 noon (EDT), 10 a.m. (MDT) and 9 a.m. (PDT and Arizona) and conclude three (3) hours later in the respective time zones. The telephone numbers are: 1-801- 524-3860 for Federal participants and 1-888-264-8816 for non-Federal participants and members of the public. Agenda: The purpose of the meeting will be for the AMWG to receive updates and discuss the following items: (1) Roles Ad Hoc Group Report and recommendations; (2) the Beach/Habitat Building Flow Science Plan; (3) Draft Fiscal Year 2008 budget; (4) the Long-Term Experimental Plan Environmental Impact Statement; and (5) the Monitoring and Research Plan. The AMWG also will consider a motion by the TWG that recommends the Secretary of the Interior secure resources to direct the development and prompt implementation of risk assessment, education, prevention/containment, and science elements in order to limit the wide-ranging damages that may be caused by quagga mussel invasion of the Colorado River system. To view a copy of the draft agenda, please visit Reclamation's Web site at: https://www.usbr.gov/uc/rm/amp/amwg/ mtgs/06may22/. Time will be allowed for any individual or organization wishing to make formal oral comments on the call. To allow for full consideration of information by the AMWG members, written notice must be provided to Dennis Kubly, Bureau of Reclamation, Upper Colorado Regional Office, 125 South State Street, Room 6107, Salt Lake City, Utah, 84138; telephone 801-524-3715; facsimile 801-524-3858; e-mail at dkubly@uc.usbr.gov at least five (5) days prior to the call. Any written comments received will be provided to the AMWG members.

In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) plans to request the Office of Management and Budget (OMB) to extend an existing approval to collect information from permittees and lessees on the actual grazing use by their livestock. The BLM requires permittees and lessees to submit the required information on Forms 4130-1 4130-1a, 4130-1b, 4130-3a, 4130-4, and 4130-5 and, nonform information under 43 CFR subparts 4110 and 4130 for grazing use management.

The Director of the U.S. Fish and Wildlife Service announces the opportunity for State fish and wildlife agencies to apply to participate in a 3-year pilot program to issue electronic Federal Migratory Hunting and Conservation Stamps. The program is expected to enhance the ability of the public to obtain required Federal Duck Stamps through the use of electronic technology, enhancing public participation and increasing the number of stamps sold.

As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to MTNT, Ltd., Successor in Interest to Chamai, Incorporated. The lands are in the vicinity of McGrath, Alaska, and are located in:

The Bureau of Indian Education (BIE), in accordance with the Paperwork Reduction Act, is planning to renew the No Child Left Behind Regulations, 25 CFR parts 36 and 47, OMB Control Number 1076-0164.

This notice announces an upcoming meeting of the Delaware & Lehigh National Heritage Corridor Commission. Notice of this meeting is required under the Federal Advisory Committee Act (Pub. L. 92-463).

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from Loco for competitive oil and gas lease WYW137666 for land in Natrona County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

The following permits were issued.

Three parcels of land, one 1,909.58 acres (Parcel N-66278) and one 1,160 acres (Parcel N-77446) located in northeast Humboldt County, Nevada, and one parcel of land, equaling 798.04 acres (Parcel N-66128) located in southeast Pershing County, Nevada, totaling 3,867.62 acres of Federal public land, have been examined and found suitable for disposal utilizing competitive sale procedures. The authority for the sale is sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1701, 1713 and 1719).

Pursuant to the provisions of 43 CFR 3108.2-3(b)(2), Pinnacle Operating Company, Inc. timely filed a petition for reinstatement of oil and gas leases TXNM 115038, TXNM 115041 and TXNM 115043 for lands in Sabine County, Texas, and was accompanied by all required rentals and royalties accruing from December 1, 2006, the date of termination.

This notice terminates a Recreation and Public Purposes Act Classification on 17 acres of public lands, more or less, as this classification is no longer needed under the provisions of the Recreation and Public Purposes Act, as amended (43 U.S.C. 869 et seq.).

The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM Montana State Office, Billings, Montana, (30) days from the date of publication in the Federal Register.

This notice announces a meeting of the Sporting Conservation Council (Council). This meeting is designed to review wildlife conservation endeavors that benefit recreational hunting and wildlife resources and that encourage partnerships among the public, the sporting conservation community, wildlife conservation groups, and State and Federal governments. This meeting is open to the public, and will include a session for the public to comment.

The OCS Scientific Committee will meet at the Hilton New Orleans/St. Charles Avenue in New Orleans, Louisiana.

This final rule revises the Bureau of Land Management's geothermal resources leasing and unit agreement regulations to implement the Energy Policy Act of 2005. The rule restructures regulations concerning the general geothermal leasing process and revises regulations on royalties and readjustment of lease terms, conditions, and rentals. The rule also revises regulations on lease duration and work commitment requirements, annual rental and credit of rental towards royalty, unit and communitization agreements, and acreage limitations. Additional revisions required by the Energy Policy Act include various technical corrections. Other changes in sections unaffected by changes in the statute clarify existing procedures, improve grammatical construction, conform the regulations to new administrative regulatory standards, and correct existing errors.

The Forest Service and the Bureau of Land Management (BLM) are to designate which roads or trails on federal lands administered by the BLM and the Forest Service within the Gunnison Field Office area and the Gunnison National Forest are open to motorized and/or mechanized travel. In so doing, both agencies will meet commitments set forth in the 2001 Gunnison Interim Travel Management Plan to further evaluate and analyze motorized travel needs on a route-by-route basis and comply with requirements of the Forest Service 2005 Travel Management Rule (36 CFR part 212) as well as policies for Public Lands found in the BLM Land Use Planning Handbook (H-1601-1). As a result of these travel management decisions, the Forest Service will produce a Motorized Vehicle Use Map (MVUM) depicting those routes on the Gunnison National Forest and the Gunnison Field Office Public lands that will remain open to motorized and/or mechanized travel. The MVUM will be the primary tool used to determine compliance and enforcement with motorized and mechanized vehicle use designations on the ground. Those existing routes and other user-created routes not designated open on the MVUM will be legally closed to motorized and mechanized travel. The decisions on motorized and mechanized travel do not include over-snow travel or existing winter- use recreation. Background Information: The Gunnison Interim Travel Management Plan (2001), as an interim plan, was intended to be replaced by a more definitive and comprehensive designated system of routes to be maintained and remain open for motorized travel. The Gunnison Interim Travel Plan did not address whether specific routes were needed or were not needed to provide a manageable and sustainable transportation system on the Gunnison National Forest and Gunnison Field Office Public Lands. Nor did it fully evaluate the desired use by vehicle type or season of use on a route-by-route basis. The 2001 travel plan was implemented as an interim measure intended to halt the proliferation of user-created routes and attempt to restrict motorized travel to the then existing roads and trails. The 2001 travel plan needs to be amended, changed or superseded. In addition to the 2001 commitment by both agencies to complete further travel management planning, the Forest Service 2005 Travel Management Rule (36 CFR 212) requires each National Forest unit to complete travel management planning that will include the designation of routes open to motorized travel culminating with the completion and publication of a Motor Vehicle Use Map (MVUM). The Chief of the Forest Service has set a 4-year target to complete these initial motorized use designations that will define the MVUM. It is understood that the BLM will also include their route-by- route designations for motorized and mechanized travel on roads and trails traversing public lands in the Gunnison Field Office area on the Forest Service MVUM. National Forest System (NFS) lands are lands managed by the Forest Service. Public lands are lands managed by BLM. Both National Forest System lands and public lands in the Gunnison Basin will be addressed in this effort. Proposed Action: The proposed action is to designate selected roads and trails open to motorized and/or mechanized travel (wheeled vehicles only) on the Gunnison National Forest (NFS lands) and Gunnison Area public lands (BLM). Where it is appropriate and necessary, the designations will also set specific seasons (i.e., yearlong, summer, fall-summer-spring) of use and type of use (e.g., full-sized vehicles, ATV's, motorcycles, or mountain bikes) for those routes. The Forest Service will produce a Motor Vehicle Use Map (MVUM) depicting those routes which are open to the general public for motorized and/or mechanized travel. Possible Alternatives: Alternatives to the proposed action will be considered and evaluated. The No Action alternative would be to adopt the September 1, 2000 map of existing roads and trails as those routes open to motorized and mechanized travel. Alternatives to the Proposed Action and No Action will depict differing combinations of routes to remain open to motorized and/or mechanized travel. The Proposed Action and the alternative actions will provide a system of routes that differ from existing conditions and the No Action alternative. Less restrictive alternatives would generally entail designating a greater number of miles of road or trail to be open for motorized and mechanized travel than the Proposed Action. Alternatives considered to be less restrictive could also include fewer constraints on season of use or vehicle types allowed on designated routes. The less restrictive alternative would generally provide for more motorized and mechanized recreational use opportunities. More restrictive alternatives would generally entail designating fewer miles of road or trail to be open for motorized and mechanized travel than the Proposed Action or have more constraints on season of use and vehicle types using designated routes. The more restrictive alternative(s) would provide motorized and mechanized recreational opportunities yet there may be a greater emphasis on non-motorized recreational opportunities. A consequence of designating routes open for motorized and/or mechanized travel is that those existing routes not designated as open would be identified as closed to motorized and/or mechanized travel. Road closure procedures that involve ground disturbing activities would not be a part of the Proposed Action or alternatives and would generally require separate and distinct site-specific NEPA decisions regarding the implementation aspects of road closures. The environmental consequences of having routes closed to motorized and/or mechanized travel will be evaluated in this environmental assessment. Identification of new routes that would meet the goals and objectives for a motorized and/or mechanized transportation system on both Public lands and NFS lands will be, as appropriate, a part of this travel management planning, but would require separate, site-specific NEPA decisions to implement ground disturbing activities associated with new route construction. Lead Agencies: The Forest Service and the BLM are joint lead agencies (CEQ Sec. 1506.2). USDA, Forest Service, Grand Mesa, Uncompahgre, and Gunnison National Forest. USDI, Bureau of Land Management, Gunnison Field Office. Responsible Officials: The Responsible Official for the Grand Mesa, Uncompahgre, and Gunnison National Forest is Charles Richmond, Forest Supervisor, GMUG National Forest, 2250 Highway 50, Delta, CO 81401. The Responsible Official for the BLM Gunnison Field Office is Kenny McDaniel, Manager, Gunnison Field Office, 216 North Colorado, Gunnison, CO 81230. Nature of Decisions To Be Made: Based on the purpose and need for the proposed action, the Forest Supervisor and the Field Office Manager will evaluate the Proposed Action and other alternatives in order to make the following decisions for the specific federal lands they have authority over: Those roads or trails that will be designated as open to the public for motorized and/or mechanized travel; and, The allowed season and/or type of use for those routes open to motorized and/or mechanized travel. Federal land managers are directed (Executive Order 11644, 36 CFR 212, and 43 CFR 8342.1) to ensure that the use of motorized vehicles and off-road vehicles will be controlled and directed so as to protect the resources of those lands, to promote the safety of users, minimize conflicts among the various uses of the federal lands, and to provide for public use of roads and trails designated as open. Permits or Licenses Required: No other permits or licenses are required to be obtained by either the Forest Service or the BLM to make decisions regarding motorized and/or mechanized travel on federal lands managed by the two agencies. Scoping Process: Preliminary public involvement was initiated in the summer 2006 in an effort to educate the public and stakeholders on the objectives of travel management. The public was also asked to provide input to the Forest Service and BLM on routes they wanted to remain open and/or those routes that may be in conflict with other desired conditions sought by the public on Forest and BLM lands. This initial comment period ended in October 2006 with the agencies receiving numerous comments on individual routes, a few general comments and some area-wide comments on travel. There were over 800 route specific comments, many of which addressed the same route(s). This initial public input will help the Forest Service and BLM to develop a preliminary route-by-route proposed action that will be utilized in a more formal scoping process. The Forest Service and the BLM will jointly conduct the following public meetings to solicit for comments and concerns from the public and interested parties on motorized and/or mechanized travel on National Forest System (NFS) lands and Public Lands: